- 14 - in petitioner's own name and used petitioner's Social Security number and address. In reconstructing petitioner's income, respondent has properly excluded several items from the total deposits in account No. 308-8083971. Respondent excluded these items because they appeared to be transfers from account No. 308-8064948, and, as such, they had already been included as income in the form of deposits to account No. 308-8064948. From the remaining amounts in each account, respondent also properly subtracted a number of items that appeared to be checks issued in payment of deductible business expenses. The remaining unexplained deposits totaled $81,773 and $55,990 for the respective years in issue. Respondent invited petitioner to confer so that petitioner could explain the transactions in these bank accounts, but petitioner refused to do so. When asked at trial to explain the transactions reflected in these accounts, petitioner again declined to do so. We hold that under the bank deposits method, respondent has borne the burden of showing that these amounts, $81,773 and $55,990, are additional unreported taxable income for the years 1990 and 1991, respectively. See United States v. Stone, 770 F.2d 842, 845 (9th Cir. 1985); United States v. Soulard, 730 F.2d 1292, 1298 (9th Cir. 1984). B. Petitioner's Legal Contentions On brief, petitioner's response to the deficiencies and additions to tax has been to assert discredited tax-protesterPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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